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CITY OF WINSTON-SALEM v. FERRELL

No. 8521SC132.

338 S.E.2d 794 (1986)

CITY OF WINSTON-SALEM v. E.V. FERRELL, Jr., J.C. Smith and wife, Susie S. Smith, and Clyde G. Barber, Trustee for First Union National Bank, Gene T. Koch (Jeanne T. [Koch]), Trustee for First Union National Bank, and William A. Vogle, Trustee for First Union National Bank v. J.D. CAVE CONSTRUCTION COMPANY.

Court of Appeals of North Carolina.

February 4, 1986.

Attorney(s) appearing for the Case

Ronald G. Seeber and Ralph D. Karpinos, Winston-Salem, for plaintiff-appellant.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by F. Joseph Treacy, Jr. and Richard J. Keshian, Winston-Salem, for defendant-appellees.

Roy G. Hall, Jr.; Liner & Bynum by David V. Liner, and Caudle & Spears by Lloyd C. Caudle, Winston-Salem, for third-party-defendant-cross-appellant.

WHICHARD, Judge.

I.

We note that the order is interlocutory in two respects:

First, the issue of damages remains unresolved. The determination of liability nevertheless is immediately appealable. Highway Commission v. Nuckles, 271 N.C. 1, 13-14, 155 S.E.2d 772, 783 (1967).

Second, the court failed to rule on the City's third-party complaint against the contractor....

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